Im taking Charleys breeder to court

[*Adele*]

Good dawg! I clearly missed out the posts in which you shared this terrifying story, so sorry!  Haven't been around as much lately and seem to miss out on so much!

I really wish you all the luck with your case! xxx

[minimoo]

good for you ,ive been following charleys sad story and was so upset for you and angry at the "breeder" i hope this person will back down before you have to take her on, sometimes this type of person doesnt want the trouble, alsoi really hope your vet is decent and does the right thing ,and backs you up ,at least in that the puppy was so young ,anyway good  luck , id like to confront the x!x!x

[JaspersMum]

The action is also breach of the Sales of Goods Act ( see here http://www.consumereducation.org.uk/laws/english/legalrights/11.htm)

Also if you look at the action under the act, you are entitled to refund of purchase price or compensation, think I'd want the purchase price and cost of vets bills and be tempted to ask for damages due to the emotional upset.  Obviously in court it is hard to put a price on emotional upset but the other two are more tangible and proveable. http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0043-1011.txt

Does your legal advisor suggest that the Misrepresentation Act will be easier to prove?

see also this http://www.doglaw.co.uk/legal/contract.php
could be worth sounding them out http://www.doglaw.co.uk/phoneadvice.php

Good luck, hope that the breeder accepts liability and that you don't actually have to go to court  

[tiamaria]

Aww thank you for them sites, i shall make a coffee and read them.  Yes he said that because she isnt a licensed breeder under law she escapes most of them (cant remember the correct terms). Im going to the vets Thursday to ask if he can at least give his professional opinion as to what it was.  I just hope im doing the right thing? And dont get laughed out of court! 

[JaspersMum]

Aww thank you for them sites, i shall make a coffee and read them.  Yes he said that because she isnt a licensed breeder under law she escapes most of them (cant remember the correct terms). Im going to the vets Thursday to ask if he can at least give his professional opinion as to what it was.  I just hope im doing the right thing? And dont get laughed out of court! 

Wouldn't of thought being licenced came into it - you can enter into a contract to buy with anyone 

I assume that you are taking action through "small claims" so the court will have the facts to make a decision, not wigs and gown affair - just make your case. Depends on local county court - ours are brilliant, You could ring them to see what they thought

Hope the vets back you too

[tiamaria]

After speaking to the consumer people they seem to think that the sales of goods act wouldn't help me much as she would only be accountable if she had advertised a poodle and then sold me a cocker (they explained it better).

Iv never done this before and iv been wondering what the set up is - will she be there, will i need a solicitor etc

[ladylola]

I think you really need to be able to prove what caused Charley to be so ill. If there is any doubt his little accident might of caused it, it could go against you and you may end up paying her costs. I would have thought you would have to produce vets reports, and once his accident is revealed her side will jump on this. If you could find out if any littermates have suffered the same thing and thus prove it is hereditary it would be better for you. I hope you can find some positive info to help you with this.

[tiamaria]

Thats the reason thats putting me off and scares me! And she knows as he wasnt insured so i cant prove it (like she said on the phone the law is on her side) it makes me so angry! The vet doesnt think the kitchen cupboard accident had anything to do with it as it wasnt a bang that would cause this amount of damage.  Maybe your right and i should forget the whole thing? 

[ladylola]

I just don't want to see you having to pay out more money. You could still send the letter and see how she responds she may not want to take it court and come to some settlement with you. I hope you don't think I'm on her side. I'm not, what she did was wrong. But without definate proof I don't think you have got a leg to stand on. Maybe somebody with more knowledge of the law will be able to advise you better.

[tiamaria]

I just don't want to see you having to pay out more money. You could still send the letter and see how she responds she may not want to take it court and come to some settlement with you. I hope you don't think I'm on her side. I'm not, what she did was wrong. But without definate proof I don't think you have got a leg to stand on. Maybe somebody with more knowledge of the law will be able to advise you better.

Oh i completely understand what you said in your post, and it is something we have thought about! I wasnt being rude in my reply! I am going to speak to the vet and solicitor before i go any further! Thanks 

[Jane S]

The Sale of Goods Act is often used against breeders where a puppy becomes ill after purchase or develops a hereditary problem. Trouble is the Act only applies to goods sold "in the course of a business" so maybe this is the reason why you've been advised not to pursue under this legislation ie if the breeder is a one-off breeder not someone who has bred regularly over a period of time. A breeder does not have to be licensed to be breeding in the course of a buisiness though -  I know a hobby breeder who had one or two litters a year (no licence needed) and was successfully sued in the Small Claims Court under the S of G Act when a dog they sold developed an inguinal hernia. If the breeder was just someone having a one-off litter though, it's very difficult to take any action against them - the old adage "buyer beware" applies to them.

[MegandMolly]

I support you in your claim against the breeder, but I wonder if you will be able to claim the vets fees back.  I can see that you could argue to have a refund for the dog being mis-sold to you, but would the breeder be able to argue that it was your choice to pay that much on vet bills?

[suzysu]

No advice sorry, but wishing you lots of luck with your claim  x

[JaspersMum]

I think back up from the vet is important, but the only known mis-representation seems to be the age of the pup, however is there any proof about that, were you told the info (how do you prove a conversation) or was it in an advert or receipt when you bought her?  Could she claim that you mis-heard her, after all a "few days" that she said off her 8th week could be 14 days as it isn't quantitfied.

TBH, I bought a horse some years ago who turned out to be going blind (cateracts), I didn't have her veted prior to the sale and therefore was victim of the "buyer beware" situation and lost £1000+. The vet agreed that she'd probably got the condition at the time of sale but I couldn't claim a bean from anywhere as I had accepted her in good faith.

I don't want to put you off claiming but the last thing you need is another bill on top of the money you have lost.    A few days to check things out isn't going to make a huge difference and you could always put in writing a request to settle and say you are considering legal action or taking legal advice, then give her 14 days with the grounds for action.  The court, if they agree there is a case, will then have extra evidence of the steps you took to settle the matter.  Don't forget copies of all letters and diary of the calls whilst Charley was ill.

[tiamaria]

Yes i completely agree. I will seek further advice before doing anything.  But i think iv known all along deep down that i wouldnt be able to get her with anything.  I really need to speak to the other littermates owners.  I think i will contact some local papers to see if they will advertise for the littermates owners, and go and find some more advice from the solicitors.  I shall postpone the letter at the moment.

I did have her on voicemail telling us his age, but when i remembered i dashed to the machine only to find they had been deleted a while ago. 

If all else fails i shall be reporting her to the necessary people.